How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of submitting an application for veterans disability benefits may appear overwhelming. A lawyer for veterans can help you navigate the procedure.
It’s essential to find a lawyer who limits their practice to disabilities and only handles those cases at every stage of appeal. This ensures that you’re getting the best representation.
Appeal
When the VA denies a claim, or fails to accept benefits, it permits the veteran or or spouse who is surviving to file an appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veterans disability lawyer can assist you in understanding the options available to you and help you get the benefits you deserve.
The most common reason for people to submit a claim for disability is that they are not satisfied with their disability status. In this case, a lawyer can make sure that the evidence is sufficient to support a fair rating based upon a disabling condition that is caused or exacerbated by military service.
Another reason for people to require a veteran disability lawyer is because they’ve waited too long to get their benefits. The lawyer can assist in determining what documents are missing and then submit a request to the VA for those records.
A veteran disability lawyer can also ease the burden of dealing directly with the VA. This will let you focus on your health and other obligations you have. Certain attorneys are veterans and this may result in an innate compassion for their clients. This can make a huge difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), burlington veterans disability law firm have more options when they disagree with VA decisions regarding their claims. The Higher-Level Review is a decision review option that permits an experienced reviewer to examine the same evidence that was presented in the original claim and then make a new decision on the case. The senior reviewer may confirm or reverse the previous rating decision.
The veteran or their representative can ask for an informal conference with the senior reviewer to discuss the case, but only one conference is allowed. It is important to be prepared and provide your case in a clear manner at this time. An attorney with expertise in the field of disability for veterans can help to prepare and take part in the informal conference.
Higher-level reviews are typically used to correct mistakes made by the previous reviewer in a disability case which could include not interpreting evidence correctly or making mistakes in the law. The senior reviewer can change an earlier decision regarding the same claim in order to fix these types of mistakes however only if those changes are beneficial to the person filing the claim.
The higher-level review could result in a private hearing for the claimant which gives the claimant an opportunity to meet with those who are reviewing the claim and to explain their arguments. A milton veterans disability attorney disability lawyer can help determine whether an individual hearing is necessary and can also prepare and present the evidence at the hearing.
Notice of Disagreement
Once the VA has examined your claim and reached a decision, you are able to file a notice of disagreement within one year of the date on which the local office mails you the initial denial letter. The VA will review the case again and prepare a Statement of the Case.
You must make use of VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you fill out the form correctly to appeal the decision. You don’t need to list every reason that you disagree with the decision; however it is best to be specific in order that the VA understands what exactly you believe to be incorrect. Your attorney can help you decide what evidence to include with the NOD. These could be statements from medical professionals or results from diagnostic tests.
If your appeal is not accepted at this stage, then you can have it re-examined again by a senior reviewer through a Higher Level Review. This process can take about 25 months and you must be in contact with your lawyer throughout the process. If the VA still denies your claim, your lawyer could request a hearing to be conducted before a west park veterans disability attorney Law Judge to present evidence and testimony in person. Your attorney will draft your check if your claim is awarded.
Statement of the Case
Congress has written extensive laws to make sure that veterans are compensated for their injuries, illnesses and conditions incurred during service. But the VA is a massive bureaucracy that is easy to get lost in the maze of regulations. A veteran disability lawyer can help navigate the process and offer much-needed assistance for those who are seeking benefits.
When a veteran files a Notice of Disagreement with his or her local VA office, the agency must conduct an examination of the case. This includes reviewing the laws, regulations and the evidence used to make the initial decision. It also includes examining the medical records of the veteran as well as in the event of a need, lay statements. The VA must provide the claimant with an official statement of case which includes a list of evidence that it has reviewed.
This statement should be in plain language and explain the reasoning for the decision, including the interpretation of the regulations and laws that affect the case. It should address the claims made by the claimant in his or her NOD.
The Statement of the Case is usually mailed to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog it may take the agency longer to issue the statement. If you are a veteran appealing the decision of a rating agency or a claim for benefits, contact a lawyer for veterans disability from Fusco, Brandenstein & Rada, P.C.
